County moves to abolish Siesta taxing district

Published: Wednesday, October 10, 2012 at 3:20 p.m.

Last Modified: Wednesday, October 10, 2012 at 3:20 p.m.

SARASOTA COUNTY - Commissioners moved Wednesday to abolish a special tax for Siesta Key Village property owners that is at the heart of an ongoing lawsuit by a restaurateur.

Property owners in the Village have been taxed every year since 2000 to pay off about half the costs of building a municipal parking lot. Chris Brown, owner of the Hub Baja Grill and the Cottage restaurants, is in the middle of a third lawsuit against the county alleging those taxes were unfairly applied to him.

The matter of abolishing the taxing district must next go to public hearings before a formal decision is made. County officials will have to determine how they will make up a shortfall of about $344,000 that was supposed to be collected from Village property owners through 2019 to pay for the parking lot. Commissioners on Wednesday agreed with the opinions of county staff and county attorneys that the way the government has applied the tax was problematic.

“It’s been too confusing,” said Commissioner Joe Barbetta, who was the first to suggest abolishing the tax when the matter came up unexpectedly at a commission meeting on Wednesday.

“Over the years it’s been manipulated,” Barbetta said. “Some are getting increased, some are getting decreased — I don’t think it should be that way.”

The move to get rid of the tax could mean the end of litigation from Brown, the restaurant owner. Brown argued in his lawsuit that his taxes went up while the taxes of other property owners went down, and is alleging a systematic campaign of discrimination against him.

“It seems like what I’ve been saying for almost five years actually makes sense,” Brown said, referencing two prior lawsuits over the same issue.

Commissioners rejected a $277,000 settlement offer from Brown in August, though two commissioners wanted to accept it. Brown said Wednesday he will soon put another settlement offer on the table, and signalled it will likely be higher than his initial offer.

Brown’s third lawsuit was based on his taxes from 2011, but he recently got his 2012 tax notice and said he was again overcharged by about $9,000, and will add that amount to the new settlement offer.

Commissioner Nora Patterson, whom Brown believes is one of those in the county who discriminated against him, was the lone vote against abolishing the taxing district. She said it would let Village property owners off the hook for promises made to help pay for the parking lot.

“While it’s a complicated formula, I don’t think that staff has been incorrect,” Patterson said.

<p><em>SARASOTA COUNTY</em> - Commissioners moved Wednesday to abolish a special tax for Siesta Key Village property owners that is at the heart of an ongoing lawsuit by a restaurateur.</p><p>Property owners in the Village have been taxed every year since 2000 to pay off about half the costs of building a municipal parking lot. Chris Brown, owner of the Hub Baja Grill and the Cottage restaurants, is in the middle of a third lawsuit against the county alleging those taxes were unfairly applied to him.</p><p>The matter of abolishing the taxing district must next go to public hearings before a formal decision is made. County officials will have to determine how they will make up a shortfall of about $344,000 that was supposed to be collected from Village property owners through 2019 to pay for the parking lot. Commissioners on Wednesday agreed with the opinions of county staff and county attorneys that the way the government has applied the tax was problematic.</p><p>“It's been too confusing,” said Commissioner Joe Barbetta, who was the first to suggest abolishing the tax when the matter came up unexpectedly at a commission meeting on Wednesday.</p><p>“Over the years it's been manipulated,” Barbetta said. “Some are getting increased, some are getting decreased — I don't think it should be that way.”</p><p>The move to get rid of the tax could mean the end of litigation from Brown, the restaurant owner. Brown argued in his lawsuit that his taxes went up while the taxes of other property owners went down, and is alleging a systematic campaign of discrimination against him.</p><p>“It seems like what I've been saying for almost five years actually makes sense,” Brown said, referencing two prior lawsuits over the same issue.</p><p>Commissioners rejected a $277,000 settlement offer from Brown in August, though two commissioners wanted to accept it. Brown said Wednesday he will soon put another settlement offer on the table, and signalled it will likely be higher than his initial offer.</p><p>Brown's third lawsuit was based on his taxes from 2011, but he recently got his 2012 tax notice and said he was again overcharged by about $9,000, and will add that amount to the new settlement offer.</p><p>Commissioner Nora Patterson, whom Brown believes is one of those in the county who discriminated against him, was the lone vote against abolishing the taxing district. She said it would let Village property owners off the hook for promises made to help pay for the parking lot.</p><p>“While it's a complicated formula, I don't think that staff has been incorrect,” Patterson said. </p><p>“I didn't think it was very fair given that money's tight.”</p>